Hills Daniels & Associates
Louisiana Dog Bite Law: Is the Owner Always Liable?
Dog bites are more common than most people realize — and they can cause serious, life-altering injuries. Puncture wounds, nerve damage, scarring, infections, and lasting psychological trauma are all real consequences of a dog attack. In Louisiana, the law provides strong protections for bite victims — but understanding exactly how liability works, and when an owner can be held responsible, is essential to protecting your rights.
The short answer to whether the owner is always liable? Not always — but often yes. Louisiana law imposes strict liability on dog owners in many situations, but there are important exceptions and nuances every victim should understand.
Bitten by a Dog in Louisiana?
Seek medical attention immediately — dog bites carry serious infection risk. Then call Hills Daniels & Associates before you speak to the dog owner's insurance company. Your consultation is always free and we never charge a fee unless we win your case.
Louisiana's Dog Bite Law — Civil Code Article 2321
Louisiana's primary dog bite statute is Civil Code Article 2321, which holds dog owners liable for damages caused by their dog — even if the dog has never bitten anyone before and even if the owner had no reason to believe the dog was dangerous.
This is known as strict liability — meaning the victim does not need to prove the owner was careless or negligent. Simply owning the dog that caused the injury is enough to establish liability in most cases.
However, strict liability under Article 2321 applies specifically when the dog caused damage while the owner could have prevented it by confining or restraining the dog, and the owner failed to do so. This makes leash law violations, unsecured yards, and failure to confine aggressive dogs particularly important in these cases.
When Is a Dog Owner Liable in Louisiana?
A dog owner can be held liable for your injuries in Louisiana under several legal theories:
Strict Liability — Civil Code Article 2321
The owner is strictly liable when the dog caused damage, the owner could have prevented it by restraining or confining the dog, and the owner failed to do so. This is the most direct path to recovery and does not require proof that the owner knew the dog was dangerous.
Negligence — Failure to Exercise Reasonable Care
Even outside of strict liability, an owner can be held liable for negligence if they failed to take reasonable precautions — such as using a leash in public, repairing a broken fence, or warning guests about an aggressive dog. Negligence claims can apply in situations where strict liability may not.
Prior Knowledge of Dangerous Behavior
If an owner knew their dog had previously bitten someone or shown aggressive behavior, they can be held to an even higher standard of care. Evidence of prior incidents, complaints to animal control, or the owner's own statements about the dog's temperament can all be used to strengthen your claim.
Violation of Local Leash Laws
Louisiana cities and parishes have leash laws requiring dogs to be restrained in public. If a dog was off-leash in violation of a local ordinance at the time of the attack, this can be used as evidence of negligence — strengthening your claim significantly.
When Is an Owner NOT Liable?
Louisiana law does recognize certain defenses that can reduce or eliminate an owner's liability. Understanding these helps set realistic expectations for your claim:
| Defense | What It Means |
|---|---|
| Provocation | If the victim provoked the dog — hitting it, taunting it, or threatening it — the owner's liability may be reduced or eliminated |
| Trespassing | If the victim was trespassing on the owner's property without permission, liability may be limited depending on the circumstances |
| Assumption of risk | If the victim knowingly interacted with a dog they knew to be dangerous, this may reduce recovery |
| Comparative fault | Louisiana's comparative fault rules mean your recovery can be reduced by your percentage of responsibility for the incident |
Don't Let the Owner or Insurer Blame You
Insurance companies defending dog bite claims routinely try to argue that the victim provoked the dog or assumed the risk. These arguments are often exaggerated or completely fabricated. An experienced attorney knows how to counter these tactics and protect your right to full compensation.
What Damages Can You Recover After a Dog Bite?
A successful dog bite claim in Louisiana can compensate you for a wide range of losses:
- Emergency room visits, surgery, and all medical treatment costs
- Ongoing medical care, physical therapy, and follow-up treatment
- Scarring, disfigurement, and plastic surgery costs
- Lost wages and lost earning capacity
- Pain and suffering — both physical and emotional
- Psychological trauma, anxiety, and PTSD related to the attack
- Property damage (torn clothing, damaged personal items)
- Wrongful death damages if a loved one was killed in an attack
What to Do After a Dog Bite in Louisiana
- Seek medical attention immediately — dog bites carry serious risk of infection, including rabies
- Report the bite to local animal control and ask for an incident report number
- Photograph your injuries as thoroughly as possible — and continue documenting as they heal or worsen
- Get the dog owner's name, address, and homeowner's or renter's insurance information
- Collect the names and contact information of any witnesses
- Ask animal control if the dog has any prior bite history on record
- Do not give a recorded statement to the owner's insurance company
- Contact a personal injury attorney as soon as possible
Homeowner's Insurance Often Covers Dog Bites
Many people don't realize that dog bite claims are frequently covered under the dog owner's homeowner's or renter's insurance policy. This means there may be significant insurance coverage available even if the owner doesn't appear to have obvious assets. An attorney can identify all available sources of recovery on your behalf.
Bitten by a Dog in Louisiana? We Can Help.
At Hills Daniels & Associates, we handle dog bite and animal attack cases across Louisiana every day.
Our consultations are always free, and we never charge a fee unless we win your case. Call us today at (504) 641-0016 or fill out the form on this page to get started.
Bitten by a Dog? You Have Rights in Louisiana.
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